Legal Opinion

United States v. Kahane

District Court, E.D. New York

Decided May 7, 1975No. 71-CR-479, 75-C-624PublishedCited by 25 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

WEINSTEIN, District Judge.

The defendant, an ordained orthodox rabbi sentenced to imprisonment by this court, seeks food meeting orthodox Jewish dietary requirements (kosher food). The government contends that this court has no power to consider his claim. For the reasons stated below the court holds that it has the power and obligation to require the government to permit this defendant to obtain such food while he is incarcerated.

I. HISTORY OF LITIGATION; INTRODUCTION

In 1971 the defendant pleaded guilty to attempting to make a bomb. There was no proof that his activities…

2Cases cited60 opinions

  1. Cantwell v. ConnecticutSupreme Court of the United States · 1940
  2. Cruz v. BetoSupreme Court of the United States · 1972
  3. Pierce v. Society of SistersSupreme Court of the United States · 1925
  4. Sherbert v. VernerSupreme Court of the United States · 1963
  5. Procunier v. MartinezSupreme Court of the United States · 1974

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3Cited by25 opinions

  1. Iowa Civil Liberties Union v. CritelliSupreme Court of Iowa · 1976
  2. United States v. Richard Huss and Jeffrey SmilowCourt of Appeals for the Second Circuit · 1975
  3. Yusaf Asad MADYUN, Plaintiff-Appellant, v. Gayle M. FRANZEN, Et Al., Defendants-AppelleesCourt of Appeals for the Seventh Circuit · 1983
  4. Stevens v. BergerDistrict Court, E.D. New York · 1977
  5. Monroe v. BombardDistrict Court, S.D. New York · 1976

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